beta
(영문) 서울서부지방법원 2016.03.09 2015고단1243 (1)

의료법위반

Text

Defendant

A Imprisonment with labor for ten months, and for eight months, and for six months, each of the defendants C and D shall be punished by imprisonment.

Reasons

Punishment of the crime

[Case] The Medical Service Act prohibits the introduction, referral, and inducement of patients to medical institutions for profit. However, in order to develop the medical tourism industry in Korea, the Medical Service Act amended the Medical Service Act on May 2009 and exceptionally made it possible for only those registered in the Ministry of Health and Welfare to arrange foreign patients to the hospital.

In order to register the business of attracting foreign patients, one must have purchased a guaranteed insurance to cover liability for damages inflicted on foreign patients by intention or negligence (the insured amount is at least 100 million won, the insurance period of at least one year), ② A capital of at least KRW 100 million, and ③ a domestic office should be established.

As above, more than 6 years have passed since the revision of the Medical Service Act, the number of foreign patients using domestic medical institutions is about 2.10,00,000, and the number of domestic foreign patients attracting business operators and medical institutions is about 1,776, 3,898, respectively, and the number of medical institutions is about 40 billion, and the number of medical treatment revenues is about 40 billion won.

In particular, the ratio of Chinese tourists to Chinese tourists in the domestic medical service market related to sex-related forms is increasing due to the increase of time, and in proportion to this increase, the number of business operators without registration is also increasing, and the above business operators require more than 90% fee of a party with less than 20% of the operating cost at a sexual surgery.

In addition, it is difficult to attract foreign patients unless they go through an unregistered attraction business operator, so it is inevitable to attract patients through them and to comply with their demands. On the other hand, the unregistered attraction business operator is working for "A".

In addition, when a medical accident occurs, a foreign patient introduced through a normal host company shall be compensated for damage through a guarantee insurance, etc.

참조조문